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1985 SCMR 1464

SHER AHMAD vs MUHAMMAD HANIF

Citation1985 SCMR 1464
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 173-R of 1984 R.S.A. No. 185 of
Date1985-03-19
Judge(s)Aslam Riaz Hussain, M. S. H. Qureshi
ResultLeave refused

ORDER

ASLAM RIAZ HUSSAIN, J.--Sher Ahmad petitioner seeks leave to appeal against the judgment of the High Court, dated 11-4-1984 accepting the appeal of Muhammad Hanif, respondent, in a pre- emption case.

2. The facts, briefly, are that Sher Ahmad petitioner filed a pre--emption suit against Muhammad Hanif respondent. The suit was decreed, but the price of the suit land was fixed by the learned trial Court as Rs.30,000. The petitioner felt that the price should be less than that mentioned in the sale- deed. He, therefore, filed an appeal and the learned Additional District Judge accepted the appeal and reduced the price to Rs.13,854. The other side (Muhammad Hanif defendant-- respondent) filed an R.S.A. Before the High Court which accepted the appeal and again increased the price of the suit-land to Rs.30,000, holding that the sale price mentioned in the sale-deed was genuine and had been paid by Muhammad Hanif vendee/ respondent as price of the land in question.

Feeling aggrieved the petitioner seeks leave to appeal from this Court.

3. The only contention urged on his behalf is that the price of the suit-land has been wrongly determined by the learned High Court. We are afraid this is a question of fact and the petitioner's contention amounts to a request for reappraisal of evidence for setting aside the High Court's finding on a question of fact. We do not consider this proper to grant leave for that purpose.

The petition is, therefore, dismissed as having no merit.

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